2003-06-23 -- Pina, Cesar and Luis Pina -- Guilty Pleas -- News Release

Two Brothers Admit Role in a Conspiracy to Steal Credit Card Numbers from Restaurant Patrons in Bergen County

NEWARK -- Two Clifton men pleaded guilty today to conspiracy to commit credit card fraud, admitting they recruited employees of Bergen County restaurants to steal the credit card numbers of unsuspecting patrons, U.S. Attorney Christopher J. Christie announced.

Cesar Pina, 25, and his brother Luis Pina, 23, each pleaded guilty to separate one-count Informations, charging them with conspiracy to commit credit card fraud, before U.S. District Judge Harold A. Ackerman.

According to the Informations, the Pina brothers recruited three individuals-who worked at two Bergen County restaurants as food servers-to secretly swipe customers' credit card numbers through hand-held devices, which the brothers gave to them. As restaurant patrons' credit cards were swiped, these devices recorded the credit card numbers. The food servers then returned the devices to the Pina brothers, and Cesar Pina then downloaded the recorded stolen credit card information onto a computer. He later used the stolen credit card information to create counterfeit credit cards, which were then sold or used to make unlawful purchases.

From January through July 2002, the brothers defrauded approximately 45 victims, and caused approximately $75,000 worth of fraudulent purchases, according to Assistant U.S. Attorney Robert Kirsch, who handled the cases.

At their plea hearings, Cesar and Luis admitted that they recruited a waiter and a waitress who worked at Houlihan's Restaurant, in Hasbrouck Heights, N.J., and that Luis recruited an unnamed relative, who was a waiter at a Red Lobster Restaurant, in Wayne, N.J. to participate in the conspiracy by giving them and showing them how to use the devices in order to steal the restaurant customers' credit card information.

In their court hearings on April 3, 2003, Christopher Czwazka, of Saddlebrook, and Jodi O'Hara, of Hasbrouck Heights, both 25, admitted that the Pina brothers paid them in cash and cocaine in exchange for stealing the credit card information, said Kirsch.

Following the guilty pleas, Judge Ackerman set sentencing for both on Sept. 29, 2003. Pending sentencing, Judge Ackerman continued their bail, which required each to post a bond of $50,000. Both Czwazka and O'Hara are scheduled to be sentenced on July 16, 2003. Each co-conspirator faces a maximum sentence of five years in federal prison, as well as a $250,000 fine, and must also make restitution to the victims.

Christie credited Special Agents from the Newark Field Office of the U.S. Department of Homeland Security, Secret Service, under the direction of Special Agent in Charge Jan Gilhooley for developing the case against the Pinas and other defendants.

The Government is represented by Assistant U.S. Attorney Robert Kirsch, of the U.S. Attorney's Office, in Newark.

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Defense Counsel:

Cesar Pina: Adolph Galluccio, Esq.

Luis Pina: Robert Galluccio, Esq.

Jodi O'Hara: Jack Venturi, Esq.

Christopher Czwazka: Paul Brickfield, Esq.